New Mexico House OKs bill to lower marijuana penalties

SANTA FE, N.M.—A proposal to lessen penalties for marijuana possession by adults cleared the House on Monday but faces a difficult deadline for getting through the Legislature before lawmakers adjourn.

The measure was approved on a 37-33 vote and goes to the more conservative Senate for consideration with less than a week before the 60-day legislative session ends. The proposal also faces opposition from Republican Gov. Susana Martinez.

The legislation would impose civil penalty fines on adults convicted a first time for having up to 4 ounces of marijuana. Jail time would be eliminated for possessing up to 8 ounces.

Currently, it's a petty misdemeanor to have an ounce or less of marijuana. That can be punished with fines and 15 days in jail for a first possession. Possessing more than an ounce and up to half a pound is a misdemeanor punishable by up to a year in jail.

Supporters said reduced penalties would allow law enforcement to focus on more serious crimes and potentially free money for other purposes that now goes for arresting and jailing marijuana users.

"Reducing penalties for adults to possess small amounts of marijuana just makes sense," said Rep. Emily Kane, D-Albuquerque.

However, opponents said the proposal would send the wrong message to young people about marijuana, and more teenagers would end up using the drug.

"The perception of risk is a problem. Because as we lower penalties or decriminalize, or however you want to word it, we now imply that it is a safe drug," said Rep. William Rehm, an Albuquerque Republican and retired police officer.

All but two Republicans opposed the legislation. GOP Reps. Nate Gentry, an Albuquerque lawyer, and Terry McMillan, a Las Cruces physician, broke party ranks to support the measure.

Democrats backed the bill except for Reps. Dona Irwin of Deming, Sandra Jeff of Crownpoint and Debbie Rodella of Espanola.

The Legislature adjourns Saturday. A bill must pass the House and Senate before going to the governor to be signed into law or vetoed.

"As a prosecutor and district attorney, the governor has seen firsthand how illegal drug use destroys lives, especially among our youth, and she opposes drug legalization or decriminalization efforts," said Enrique Knell, a spokesman for Martinez. "Proponents of these efforts often ignore the fact that the vast majority of people convicted for possessing small amounts of marijuana are diverted to treatment programs and those who are sentenced to prison are individuals with long criminal records with convictions for things like assault, burglary, and other crimes."